trademark
Adding Infringement Claims to Passing Off Suits in Delhi
In a significant procedural ruling, the Delhi High Court in Loreal SA v. Vekariya Nikunj Arvindbhai clarified that plaintiffs can amend a pending passing off suit to include trademark infringement once registration is granted. The Court emphasized the 'real controversy' test, rejecting the notion that subsequent registration requires a fresh lawsuit. By allowing the amendment under Order VI Rule 17 CPC, the Court aims to prevent the multiplicity of proceedings and streamline litigation. This decision offers crucial guidance for brand owners navigating shifting legal statuses during ongoing trademark disputes in India.